People v. Christopher R.

216 Cal. App. 3d 901, 265 Cal. Rptr. 91, 1989 Cal. App. LEXIS 1287
CourtCalifornia Court of Appeal
DecidedDecember 18, 1989
DocketNo. B041193
StatusPublished

This text of 216 Cal. App. 3d 901 (People v. Christopher R.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Christopher R., 216 Cal. App. 3d 901, 265 Cal. Rptr. 91, 1989 Cal. App. LEXIS 1287 (Cal. Ct. App. 1989).

Opinion

Opinion

GATES, J.

A petition was filed against Christopher R., seeking to have him declared a ward of the court (Welf. Inst. Code, § 602) by reason of his having possessed a controlled substance, lysergic acid diethylamide (LSD), for sale (Health & Saf. Code, § 11378). Following an order quashing a search warrant the petition was dismissed. The People appeal.

We have had occasion previously to note with regret the frequency with which juvenile proceedings today focus not on the question of whether a youth’s behavior has been such as to render judicial supervision appropriate, but, rather, whether the proofs regarding that behavior were harvested in a seemly manner. In re Reginald C. (1985) 171 Cal.App.3d 1072, 1075 [217 Cal.Rptr. 768].) In the present proceeding, the minor, in his effort to avoid a determination on the merits, moved to suppress all proofs of his [903]*903misconduct, including the 67 tabs of LSD which had been recovered in his home.

In the affidavit supporting the challenged warrant issued by a municipal court judge, Los Angeles County Deputy Sheriff Richard Lichten had averred in pertinent part: 1. A confidential informant who admitted being an LSD user and dealer had advised Lichten several months earlier that a 16-18-year-old white male named Chris R. had been selling LSD in “sheets” to him and in “hits” to his friends. The informant said Chris R. sold from his automobile and from his person, charged $5 per hit, and was always stocked.

2. Another deputy told Officer Lichten that within the previous 2 weeks he had been informed by 2 citizen informants that a 16-18-year-old white male named Chris R. was selling LSD at a designated coffee shop. They stated he kept LSD “sheets” in his blue Honda. They each had seen him sell paper “hits” for $5, and each had watched some of the purchasers take the drug purchased. When asked how they knew the item being sold was LSD, both informants said they were told by friends who were users. They said they were providing the information to stop drug dealing because they were afraid of LSD’s effects.

3. Within 10 days prior to preparing his affidavit, Deputy Lichten was contacted by 2 additional citizen informants who confirmed in extensive and precise detail, based upon their own observations, the minor’s sales of contraband at the coffee shop. They added that they had been told by some of his buyers that he often hid LSD under his bed. They said they were providing the information because they wanted to stop Chris R. from selling LSD to their friends before someone got hurt.

4. Deputy Lichten determined that Christopher did live at the address given him by the two most recent informants, and that he drove a blue 1985 Honda, registered to someone living at the same address. On the basis of these facts the officer concluded the minor was actively engaged in selling LSD and that this contraband might be found on his person, in his vehicle, and/or at his home.

For their safety, and because they were then working with law enforcement on other investigations, the identities of the informants were not disclosed. However, no evidence, inconsistent or otherwise, was adduced at the suppression hearing by way of traversing Officer Lichten’s verity or that of his informants regarding the facts set forth in the affidavit.

Following a discussion concerning the difference between a motion to quash a warrant and one to traverse the accuracy of its contents, the minor [904]*904adopted the former tack, contending only that there had been inadequate corroboration of the informants’ advisements and that none of them had personal knowledge linking the contraband to his residence.

The People, naturally, argued against such contentions and, additionally, urged that since Deputy Lichten had proceeded in good faith to obtain a search warrant, the rules set forth in United States v. Leon (1984) 468 U.S. 897 [82 L.Ed.2d 677, 104 S.Ct. 3405], precluded suppression in any event.

In quashing the warrant, the court commented with regard to the good faith exception, “I’m missing any sound inference that the officer is putting on the magistrate. I don’t find any evidence that he was overreaching or misrepresenting anything. I think the entire argument is what he in good faith believed that he knew, ‘does it or does it not suffice?’ ”

With regard to probable cause, the court continued, “I tell you, it belongs on the bar exam. It’s not something that you can just call in a hot minute. It’s very close. It’s enough information to turn the police on. . . . [¶] I’m not satisfied that this next remedy is to wake up the judge, get a warrant, and walk in the house without further investigation.”1

The dismissal and the underlying suppression order must be reversed. Whether the subject affidavit is read in the common sense manner repeatedly mandated by this country’s highest court, or in the grudging, hypertechnical fashion consistently condemned (see Illinois v. Gates (1983) 462 U.S. 213, 236 [76 L.Ed.2d 527, 546-547, 103 S.Ct. 2317]), it is clear the magistrate to whom it was presented had ample probable cause to authorize the challenged search.

Deputy Lichten had recorded detailed information earlier received from a confidential informant who admitted criminal activity, showing Christopher had then been selling hits of LSD from sheets of 100 from his automobile and his person for $5. That report carried “an internal guaranty of reliability” because of the informant’s admission of his own wrongdoing. (People v. Garcia (1981) 115 Cal.App.3d 85, 101 [171 Cal.Rptr. 169].)

This information was further supported by that provided by another named officer who had received corroborating assertions and additional details from two citizen informants. (People v. Green (1981) 117 Cal.App.3d 199, 205-206 [172 Cal.Rptr. 582].) Since these persons were motivated by good citizenship and acted in aid of law enforcement, they could be [905]*905presumed reliable. (See People v. Smith (1976) 17 Cal.3d 845, 850-851 [132 Cal.Rptr. 397, 553 P.2d 557]; People v. Schulle (1975) 51 Cal.App.3d 809, 814-815 [124 Cal.Rptr. 585].)

The reports of these three informants were then confirmed by two more citizens, who, in addition, supplied Christopher’s address and a suggestion as to where he might maintain his supply. The reliability of the four citizens was unmarred by any circumstance which would cast doubt on their integrity (see People v. Lombera (1989) 210 Cal.App.3d 29, 32 [257 Cal.Rptr. 222]; People v. Paris (1975) 48 Cal.App.3d 766, 772 [122 Cal.Rptr. 272]), and all five informants linked Christopher to the crime by direct observation.

In addition, of course, from the detailed evidentiary facts supplied him, the magistrate who issued the warrant would surely have inferred, even without the tip regarding Christopher’s bedroom, that because Christopher had been engaged in an ongoing narcotics business for an extended period of time, he quite possibly might maintain his stock in trade at his residence. (See People v. Johnson (1971) 21 Cal.App.3d 235, 243 [98 Cal.Rptr.

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Related

Johnson v. United States
333 U.S. 10 (Supreme Court, 1948)
Illinois v. Gates
462 U.S. 213 (Supreme Court, 1983)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
People v. Smith
553 P.2d 557 (California Supreme Court, 1976)
People v. Green
117 Cal. App. 3d 199 (California Court of Appeal, 1981)
People v. Reginald C.
171 Cal. App. 3d 1072 (California Court of Appeal, 1985)
People v. Schulle
51 Cal. App. 3d 809 (California Court of Appeal, 1975)
People v. Johnson
21 Cal. App. 3d 235 (California Court of Appeal, 1971)
People v. Lombera
210 Cal. App. 3d 29 (California Court of Appeal, 1989)
People v. Garcia
115 Cal. App. 3d 85 (California Court of Appeal, 1981)
People v. Paris
48 Cal. App. 3d 766 (California Court of Appeal, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
216 Cal. App. 3d 901, 265 Cal. Rptr. 91, 1989 Cal. App. LEXIS 1287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-christopher-r-calctapp-1989.